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Oregon Supreme Court Reverses Appeals Decision in State v. Worsham

The Oregon Supreme Court granted a petition for reconsideration in State v. Anthony Alan Worsham and reversed the Court of Appeals decision, sending the case back for further proceedings. The court's modified opinion marks a significant development in the criminal case that has worked its way through multiple levels of Oregon's judicial system.

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4 min readcourtlistener
Seal of the Oregon Supreme Court

Case Information

Case No.:
CC 21CR46056

Key Takeaways

  • Oregon Supreme Court granted Worsham's petition for reconsideration and reversed Court of Appeals decision
  • Case stems from 2021 criminal charges and has moved through multiple court levels
  • Court ordered case remanded to Court of Appeals for further proceedings
  • Oregon Public Defense Commission represented Worsham while Attorney General's office opposed reconsideration

The Oregon Supreme Court granted a petition for reconsideration in *State v. Anthony Alan Worsham* and reversed the Court of Appeals decision, ordering the case remanded for further proceedings. The court issued its order Jan. 29, 2026, modifying its previous opinion in the criminal case.

Justice James wrote the brief order allowing the petition for reconsideration that defendant Anthony Alan Worsham filed July 3, 2025. The court considered the petition and held it under advisement Jan. 21, 2026, before issuing its decision.

"The petition for reconsideration is allowed. The former opinion is modified. The decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for further proceedings," Justice James wrote.

The case stems from criminal charges filed in 2021, designated as case number 21CR46056 in the circuit court. The case number indicates Worsham faced criminal charges that year, though the specific nature of the charges was not detailed in the court's order.

The case has moved through multiple levels of Oregon's court system. After the initial circuit court proceedings, the case went to the Oregon Court of Appeals, which issued a decision in 2024 (*State v. Worsham*, 332 Or App 154, 548 P3d 849). The Oregon Supreme Court then reviewed that appeals court decision and issued its own opinion in 2025 (*State v. Worsham*, 373 Or 739, 571 P3d 759).

Following the Supreme Court's 2025 decision, Worsham's legal team filed the petition for reconsideration that led to this week's reversal. The petition was filed by Stacy M. Du Clos, Senior Deputy Public Defender with the Oregon Public Defense Commission in Salem. Ernest G. Lannet, Chief Defender of the Criminal Appellate Section, also worked on the petition.

The state opposed the reconsideration petition through the Oregon Attorney General's office. Patricia G. Rincon, Assistant Attorney General in Salem, filed the response on behalf of the state. Attorney General Dan Rayfield and Solicitor General Benjamin Gutman also participated in the state's response.

The Supreme Court's order reversing the Court of Appeals and remanding for further proceedings suggests the high court found merit in arguments presented in the reconsideration petition. However, the brief order does not detail the specific legal issues that prompted the reversal or what the Court of Appeals should consider on remand.

Petitions for reconsideration in the Oregon Supreme Court are relatively uncommon and typically involve complex legal issues or situations where the court believes its initial ruling may need modification. The fact that the court granted reconsideration and then reversed the appeals court decision indicates significant legal questions were at stake in Worsham's case.

The case will now return to the Oregon Court of Appeals for additional review and proceedings as directed by the Supreme Court's remand order. The appeals court will need to reconsider its previous decision in light of whatever guidance or legal framework the Supreme Court provided in its modified opinion.

For Worsham, the Supreme Court's decision represents a significant victory in his ongoing legal battle. Having the state's highest court grant reconsideration and then reverse a lower court decision in his favor suggests his legal team successfully identified substantial legal issues that warranted the Supreme Court's intervention.

The case demonstrates the complex path that criminal appeals can take through Oregon's court system. From the initial 2021 circuit court case through multiple appeals and now a remand for further proceedings, the matter has engaged attorneys at every level of the state's judicial hierarchy.

The Oregon Public Defense Commission's involvement highlights the case's significance for criminal defense work in the state. The commission provides legal representation for defendants who cannot afford private attorneys, and their appellate section handles complex criminal appeals that often establish important precedents.

Similarly, the Attorney General's office's participation through multiple attorneys, including the Solicitor General, indicates the state viewed the case as having broader implications beyond Worsham's individual circumstances.

The case will now proceed in the Court of Appeals under the Supreme Court's remand order. The timing for those further proceedings was not specified in the Supreme Court's order, leaving the schedule for additional review to be determined by the appeals court.

Topics

petition for reconsiderationappellate procedureremandassignment of error

Original Source: courtlistener

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